The plaintiff was seven years old at the time of the incident
The Ontario Superior Court of Justice has approved a settlement involving a 27-year-old plaintiff exposed to vapours from a fuel oil spill at his home when he was a child.
The plaintiff, who was seven years old at the time of the incident in January 2004, began legal action in 2005 against several defendants. The remaining defendant, R.B. & R. Cartage, will now pay $10,000 in full and final settlement of the claim.
The plaintiff, declared a party under disability, has been represented by the Public Guardian and Trustee (PGT) since 2017. The case has seen multiple dismissals and settlements over nearly two decades of litigation. In 2021, the PGT made a rule 49 offer, proposing that R.B. & R. Cartage pay $10,000 to settle the claim. This offer was not accepted then, and the motion to dismiss the action for delay was denied.
Subsequently, R.B. & R. Cartage expressed their desire to accept the previously extended rule 49 offer. Although the offer was no longer open for acceptance, both parties agreed to the $10,000 settlement.
The PGT brought a motion to approve the settlement, which the Superior Court has now granted. The plaintiff’s claim involves symptoms such as headaches, nausea, and malaise. The defendants denied liability and contested causation and damages.
A legal opinion on damages, obtained by the PGT from Jean-Claude Rioux of Flaherty McCarthy LLP, concluded that the plaintiff's damages would likely attract an award of less than $10,000. Given the prolonged litigation and the high legal costs associated with proceeding to trial, the PGT deemed the settlement reasonable and in the plaintiff’s best interests.
The settlement funds will be paid into court for the plaintiff's benefit. Notably, the PGT has waived its legal fees exceeding $8,000, ensuring that the plaintiff receives the full settlement amount. The court confirmed that all requirements under Rule 7 have been satisfied.
